A/HRC/7/56
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expressed concern that the policy should recognize and protect the full range of collective
ownership rights set out in the Land Law. On the International Day of the World’s Indigenous
People, the Office issued a statement outlining continuing concerns about the protection and
implementation of indigenous rights to land, and failure to enforce the Land Law. It supported
holding of a forum on national indigenous peoples, focusing on good governance and rights to
land.
39. The Office continued to monitor evictions and issues affecting the right to adequate
housing. The forced eviction of poor communities has occurred largely in and around
Phnom Penh, as demand and prices for land increase, but there are rising numbers of evictions in
Sihanoukville and other provinces experiencing urban growth. Hundreds of families have been
forcibly evicted from their homes by municipal and district authorities in order to enable private
development projects to proceed. Some of these evictions have been conducted after negotiations
with local communities, seeking to find a reasonable compromise through adequate
compensation. Several others were carried out with excessive force using armed police and
military police, resulting in injuries and the destruction of property. Many evicted families have
been rendered homeless or relocated to distant sites on the outskirts of Phnom Penh, which lack
basic services and are far removed from their usual livelihoods.
40. The Ministry of Economy and Finance, with the technical assistance of the Asian
Development Bank, is drafting a sub-decree on the socio-economic impacts of development
projects, which will govern the compulsory acquisition of land in the public interest, resettlement
of affected communities and assessment of compensation entitlements. The Office contributed to
the consultation and submitted concerns regarding the consistency of the draft sub-decree with
the right to adequate housing as recognized in the International Covenant on Economic, Social
and Cultural Rights, and with Cambodia’s Constitution and Land Law. The Office engaged in
dialogue with civil society groups regarding the draft sub-decree, and supported community
input to the drafting process.
41. In relation to these issues, the Office monitored the environment for NGOs, civil society
groups and individuals promoting and seeking to enforce rights to land and the protection of
natural resources. Civil society actors operate within an increasingly shrinking space and hostile
climate: authorities have regularly accused NGOs of being politically motivated and of
incitement when supporting communities to voice their concerns. In several provinces
(Ratanakiri, Mondulkiri, Kratie, Stung Treng), a clear pattern of restrictions of freedom of
assembly and movement of local communities and NGOs has begun to emerge.
42. In several provinces, particularly in areas where disputes over land and natural resources
are prevalent and acute, NGOs are often required to inform or even seek permission from
provincial authorities prior to visiting local villagers, convening workshops or meetings. In
May 2007, Ratanakiri provincial police stopped a meeting of over 30 representatives from
national and provincial NGOs, stating that permission to hold the meeting had not been obtained
from the provincial authorities. In Ratanakiri and Mondulkiri provinces, which have
predominantly indigenous populations, community members are required to request permission
from provincial authorities prior to attending meetings outside the province. In Ratanakiri, an
NGO working with communities affected by upstream dams in Viet Nam sought permission for
12 community members and 2 staff members to attend a workshop in Phnom Penh in
October 2007: the deputy provincial governor refused permission and ordered the provincial
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